(a) Anyone seeking to possess Indian land to conduct activities associated with the evaluation of wind resources must obtain a WEEL, except that a WEEL is not required if use or possession of the Indian land to conduct wind energy evaluation activities is authorized:
- (1) Under § 162.005(b);
- (2) By a permit from the Indian landowners under § 162.007; or
- (3) By a tribe on its land under 25 U.S.C. 81.
- (b) Except as provided in §§ 162.005(b), 162.501, and paragraph (c) of this section, anyone seeking to possess Indian land to conduct activities associated with the development of wind and/or solar resources must obtain a WSR lease.
- (c) A tribe that conducts wind and solar resource activities on its tribal land does not need a WEEL or WSR under this subpart.